Civil appeals against decisions made by a Judge in the General Division of the High Court

Legislation associated with this topic includes:

• Part 3, Part 4 and Part 5 of the Supreme Court of Judicature Act.
• Order 56A, Order 57 and Appendix B of the revoked Rules of Court (as in force immediately before 1 April 2022).

Refer to Part XI of the Supreme Court Practice Directions (as in force immediately before 1 April 2022).

At any time before the appeal is heard or dealt with, you may file and serve on the parties to the appeal a notice to the effect that you do not intend further to prosecute the appeal.

If all parties to the appeal consent to the intended withdrawal of the appeal, you must file a document signifying such consent signed by the parties or by their lawyers. Upon the filing of that document, the appeal is deemed withdrawn. If all the parties to the appeal consent to the payment of the security for costs to the appellant or the respondent (as the case may be), the appellant or the respondent (as the case may be) must file the document signifying such consent signed by the parties and in such event, the security for costs must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged.

If there are outstanding issues relating to costs or other matters, the appellant or any other party to the appeal may make a written request to the appellate court for directions on those issues.

Generally, filing fees are not refundable if the appeal is withdrawn.

If there is consent between the parties as to the payment of the security for costs, the security will be paid out pursuant to the terms of agreement.

If there is no consent between the parties as to the payment of the security for costs, parties may make a written request to the appellate court for directions on the disposal of the security for costs.

If costs have been awarded in your favour, you may request the deposit to be returned to you.

If costs have been awarded against you, the deposit will go towards the amount of costs that have been awarded against you.

You will receive a notice of appeal from the party who filed the appeal. After that, you will receive the record of appeal, appellant’s Case (including any bundle of authorities), core bundle of documents and appellant’s Appeals Information Sheet.

You must file the following documents within 1 month of the service of the appellant’s Case.

You should file the relevant documents via eLitigation. If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau to file. Please ensure that the correct document code is selected for the filing of all documents on eLitigation.

You must serve the relevant documents for the appeal on the appellant within the prescribed timelines in the revoked Rules of Court (as in force immediately before 1 April 2022). This means giving them a copy of the document in any of the ways set out in Order 62 Rule 6 of the revoked Rules of Court (as in force immediately before 1 April 2022). 

Please refer to “Points to note for appeals”.

You may file an appellant’s Reply within 2 weeks after the respondent’s Case is served on you if the requirements in Order 56A r 9(7) or Order 57 Rule 9A(5A) of the revoked Rules of Court (as in force immediately before 1 April 2022) are satisfied. The prescribed page limit is 30 pages. Please refer to Order 56A Rule 9(8) to (10) or Order 57 Rule 9A(5B) to (5D) of the revoked Rules of Court (as in force immediately before 1 April 2022).